CFB Announces Second Public Funds Payments for 2009 Primary Elections to 55 Candidates

The New York City Campaign Finance Board today announced the payment of public matching funds for the 2009 primary elections to qualifying candidates participating in the Campaign Finance Program. A total of $2,639,597 was distributed to 55 candidates who qualified for matching funds on this second payment date. For a list of candidates, please see below. The Board also declared a Tier 1 bonus situation in one Council district.

The Program matches each dollar a New York City resident gives, up to $175 per contributor, with six dollars in public funds, for a maximum of $1,050 in public funds per contributor.

By joining New York City’s voluntary Campaign Finance Program, candidates agree to abide by strict spending limits. In return, candidates in the Program may qualify for public matching funds.

Qualifications for public funds. To qualify for public financing, candidates who join the Program must be on the ballot and have opposition on the ballot. They must demonstrate compliance with the Campaign Finance Act, and they must also demonstrate they have adequate support from the public by meeting a two-part threshold. Candidates must raise a minimum amount of money in “matching claims” (i.e. up to $175 of contributions from New York City residents) and collect contributions from a minimum number of individuals. Threshold requirements vary by office.

Maximum public funds available. The maximum amount each candidate can receive in matching funds is capped at 55 percent of the applicable spending limit. Pursuant to the Campaign Finance Act, the CFB withholds five percent of each candidate’s public funds payment until the final pre-election payment for each election to ensure continued compliance with the law.

Bonus determination. Candidates may qualify for additional bonus matching funds rates when facing a high-spending opponent not participating in the Campaign Finance Program. The Board made a determination of “Tier 1” bonuses for participating candidates in Council District 29, because of the presence of a non-participating candidate who has raised or spent more than half of the applicable spending limit. Under the Tier 1 bonus, eligible contributions are matched at a higher rate, the cap on public funds available is increased, and the spending limit is increased as well. The Board had previously declared Tier 1 bonuses in Council Districts 19, 20, and 25.

Additional payment dates. Two additional public funds payment dates are scheduled before the September 15 primary election: September 2 and September 11. There will be four scheduled payment dates prior to the November 3 general election: October 1, 8, 21, and 29.

Other Board Actions

Determination of “reasonably anticipated” Democratic primary. On August 14, 2009, the Board received a petition from Lewis Fidler, a participant in the Campaign Finance Program and a candidate for City Council in District 46, for a determination that he had reasonably anticipated a primary election through August 11, 2009. Without such a determination, expenditures made by Mr. Fidler’s campaign would count against his spending limit for the general election. Mr. Fidler identified three potential primary election opponents; all three had joined the Program and reported financial activity to the Board but were removed from the ballot. The Board determined that a Democratic primary election for Council District 46 was “reasonably anticipated” from March 16, 2009 through August 5, 2009. Expenditures made by Mr. Fidler after August 5 are subject to the general election spending limit.

The Board also dismissed a complaint filed against council candidate Charles E. Martellaro (District 25).

* - indicates candidate has qualified for the maximum public funds payment
† - indicates Tier 1 bonus situation

For public fund payment totals please see the financial summary page on the CFB website.